A.Vinayadas Abraham v. Tahsildhar Ambattur Taluk

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.4.2023 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH A.Vinayadas Abraham

...Petitioner

Vs 1.The Tahsildar, Ambattur Taluk, Thiruvallur High Road, Gandhi Nagar, Ambattur, Chennai-600053.

2.S.Selvi

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent to take action on the representation dated 12.09.2022 of the petitioner and effect correction in the town survey field register of the 1st respondent relating to the petitioner's property within a time-frame that may be stipulated by this Court.

For Petitioner : Mr.D.Daniel For Respondent-1 : Mr.V.Veluchamy, Additional Government Pleader 1/4

ORDER

Heard the learned counsel for the petitioner and the learned Additional Government Pleader accepting notice for the official respondent. Since this Court is directing the first respondent to consider the petitioner's representation after giving notice to all the parties concerned, notice to the private respondent is dispensed with.

2. The petitioner herein had given a representation dated 12.09.2022 to the first respondent to take action and effect correction in the town survey field register of the 1st respondent relating to the petitioner's property in survey No.656/2A/1B, plot No.39, Thirumal Layout, Korattur Village, Ambattur Taluk, Tiruvallur District measuring an extent of 2,317.5 sq.ft. Since the said representation has not yet been considered, the writ petition has been filed.

3. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, 2/4

non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct him to consider the same within a stipulated time.

4. In the light of the above observations, there shall be a direction to the first respondent herein to consider the petitioner's representation dated 12.09.2022 on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner and the private respondent herein, as well as all other persons who may be interested in the subject property, within a period of twelve weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioner and that it is open to the concerned respondent to consider the same on its own merits.

5. With the above direction, the Writ Petition stands disposed of. No costs.

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M.S.RAMESH,J.

RS/SNI Index:Yes/No Speaking order/Non-speaking order To The Tahsildar, Ambattur Taluk, Thiruvallur High Road, Gandhi Nagar, Ambattur, Chennai-600053.

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